PRAYER in WP(MD) No.20923 of 2017: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent herein to dispose of the petitioner's representation dated 27.07.2015 for payment of enhanced compensation as per Section 3-G(5) of National Highways Act to the petitioner within the time stipulated time.
For Respondents : Mr.T.S.Mohamed Mohideen, 1 to 3 in all cases Additional Government Pleader.
:COMMON ORDER These writ petitions have been filed by the petitioners, seeking to direct the first respondent to dispose of their representations dated 27.07.2015, 08.07.2015, 02.09.2015, 05.09.2015, 08.09.2015, 09.10.2015, 10.12.2015 and 02.01.2016, for payment of enhanced compensation as per
Section 3-G(5) of the National Highways Act, 1956 to the petitioners.
2.Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondents 1 to 3. By consent, the writ petition is taken up for final disposal at the stage of admission itself.
3.The case of the petitioners is that since the compensation awarded by the second respondent for acquisition of the petitioners' land for the purpose of National Highways 209, from Dindigul to Bangalore, was very low, the petitioners filed their representations before the first respondent under
Section 3-G(5) of the National Highways Act, 1956 and since the same have not been disposed of, the petitioners are before this Court with the above prayer.
4.Considering the facts and circumstance of the case and also taking into account the limited scope of the relief sought for by the petitioners, this Court directs the first respondent to consider the representations dated 27.07.2015, 08.07.2015, 02.09.2015, 05.09.2015, 08.09.2015, 09.10.2015, 10.12.2015 and 02.01.2016, filed by the petitioners, for payment of enhanced compensation and pass necessary orders thereon on merits and in accordance with law, if not considered earlier, after affording due opportunity of hearing to the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order.
5.With the above direction, these petitions are disposed of. No costs.
To
1.The District Collector cum Arbitrator, Dindigul District, Dindigul.
2.The District Revenue Officer cum Authorised Competent Authority, National Highways 209, Dindigul.
3.The Special Tahsildar (Land Acquisition), N.H.No.209, Oddanchathiram Dindigul District.
4.The Project Director, National Highways 209, Dindigul District, Dindigul.
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